charging order

[Undercover Elsa]

Re: charging order

I strongly agree, I'd wait until Niddy and Andrew get bak, we need to know if you're holding any decent cards before you go in with an offer.
Well done on holding the fort PlanB

[PlanB]

Re: charging order

I think I will just go with an offer of £3500

Isn't there an added complication with this debt which may be subject to a personal guarantee signed by your ex-business partner too? I know that guarantee was for a separate loan (now paid off) but weren't NatWest claiming the guarantee covered all monies borrowed including this OD?

I assume the Claim names only you as the Defendant? I don't know the details but Andrew does so it would be wise to wait until you hear from him in the next few days. You have two weeks to sort this so there really is no rush especially if anything you do or don't do could impact on your ex-business partner who you have said is blissfully unaware that this debt still exists.


This post is from September 2012 on your original thread:

Ok guys, i have found some paperwork.

This is a Natwest business overdraft.

In their letter they say Item of security is Guarantee...date given...14/08/2007 amount outstanding nearly 6k

So i have found paperwork, which doesnt really make sense. Let me explain, we had a 5k o/d for business purposes and a 130k loan, the loan has been paid back when we sold assets. The business then ran out of work back at the end of 2010, the company itself had no assets and just this 5k o/d and 1.8k owed to yell, yell then objected to the company being struck off, but they havent come for the money and the company is pending being struck off again

The securites held according to paperwork as follows

1 Guarantee by myself and ex partner for 130000k
2 Freehold 1st legal charge, this was over the property which was sold and debt for 130k was paid off

[Never-In-Doubt]

Re: charging order

We're back tomorrow (separately) however I've spoken to andrew who said he's been emailing you?

Just sit tight for now. We will help you get the best offer accepted. Don't jump in - try & relax for 24hrs

[GlobalC]

Re: charging order

Well to say I'm livid is an understatement. Today I received a letter from Ascent to inform me they have obtained a CCJ against me. Letter is dated the 12th August. I spoke with them on the 12th via the phone to make an offer of settlement and have an email from them which said - Please accept this email as confirmation that we have agreed to an extension of time to close of business 20^th August 2014 for you to provide us with the appropriate information. Please note that any further extension will have to be requested direct from your Solicitors.

Any ideas what I can do?

[GlobalC]

Re: charging order

We're back tomorrow (separately) however I've spoken to andrew who said he's been emailing you?

Just sit tight for now. We will help you get the best offer accepted. Don't jump in - try & relax for 24hrs

Thanks, but I was working away this week and did not have good internet access, Andrew has been emailing me So I made the decision I needed to sort this out before I ran out of time again and made an offer of £3500 to settle the debt based on what i could borrow/afford from family

[Riz]

Re: charging order

I assume you have not had the official judgement for claimant from the court?

Has not been unknown for letters like that to be sent out simply on the assumption that a CCJ would have been obtained by that date, either by an automated system or by someone who does not know there has been as extension. i.e left and right hand not talking to each other.

[GlobalC]

Re: charging order

No I haven't had anything from the courts just the letter from Ascent

[cymruambyth]

Re: charging order

If it is genuine, usually it is an interim CO, then you get a chance to object before it is finalised.

[PlanB]

Re: charging order

Did you email the court to advise them of the mutually agreed extension as suggested in this post 6th August?

Email them to ask for confirmation that they have agreed to the 14 day extension which you want confirmed by email before 4pm today.

If/when you get the confirmation email you send a copy if it to the court.

If they don't email you, then you email the court to say that the Claimant has agreed a 14 day extension with a copy of your email requesting a confirmation email to the solicitor.

[PlanB]

Re: charging order

If it is genuine, usually it is an interim CO, then you get a chance to object before it is finalised.

I agree with you Cym. Luckily for Global this is only a CCJ at this stage so the Claimant has yet to make an application for a charging order.

I'm hoping that Global has a good reason to get the CCJ set-aside by consent all wrapped up with his offer to settle

Andrew will know what's the next best step to take

[GlobalC]

Re: charging order

Ascent did not email me back till a few days ago, due to being away I haven't gotten around to emailing the court the copy. I was planning on doing it this evening!

[PlanB]

Re: charging order

I haven't had anything from the courts just the letter from Ascent

Have you telephoned the court this morning to check whether a CCJ has been granted? If not call them on 01604 619 400 option 6.

[GlobalC]

Re: charging order

Hi all,

Yes I have called the courts and they do have a CCJ. I have also spoken with Ascent who have said that they apply to have it set aside and are waiting to here from Nitwest to see on what basis and about the offer of settlement. They said I will receive an email/call about this. I have emailed ATW but I'll ask here as well is there anything else i should be doing? Thanks

[PlanB]

Re: charging order

I have called the courts and they do have a CCJ. I have also spoken with Ascent who have said that they apply to have it set aside and are waiting to here from Nitwest to see on what basis and about the offer of settlement.

You're in safe hands with Andrew. There's nothing you need to do until you hear from him.

If Ascent call you tell them you want everything in writing/email. Don't agree to anything yet

I don't supposed they told you how this 'accidental' CCJ came about did they?

[GlobalC]

Re: charging order

they just said that they can see that an extension was given but the application for CCJ went ahead anyway!!